Middlesex County Prosecutor's Office to pay $20K in OPRA case

An appellate court sided against the Middlesex County Prosecutor's Office in an appeal disputing the fees on an Open Public Records Act request stemming from a fatal Old Bridge police shooting.(Photo11: Getty Images)

NEW BRUNSWICK - An appellate court sided against the Middlesex County Prosecutor's Office in an appeal disputing the fees on an Open Public Records Act request stemming from a fatal Old Bridge police shooting.

This is the second appellate court case siding against the county prosecutor's office stemming from the same matter — the fatal shooting of 75-year-old Talbot Schroeder in Old Bridge in 2015. The shooting took place on Jan. 14, 2015 after police responded to a 911 call.

On Friday, judges on the Superior Court of New Jersey Appellate Division sided with Richard Rivera and Collene Wronko, awarding the two people $21,000. The two requested copies of the 911 call and, after a back-and-forth with the prosecutor's office, received a redacted version.

The prosecutor's office that since the recording was released in a redacted from, it shouldn't have to pay the requestors the full amount ordered by the court.

CJ Grffin of Pashman Stein, who represented Rivera and Wronko, said she isn't sure why the Middlesex County Prosecutor's Office would appeal the orders to pay attorney's fees.

"I’m not sure why the MCPO appealed these orders, as its arguments were rather frivolous. Our lawsuit made it clear that we were only seeking lawfully redacted records, which is exactly the result we got," she said. "We were 100% successful in our case and the Appellate Division correctly affirmed Judge Francis’ decision that we were entitled to reimbursement of our legal fees."

Earlier this month, an appellate court sided with the Home News Tribune and NJ Advance Media after the Middlesex County Prosecutor's Office attempted to dispute the fees associated with OPRA requests filed by the media companies for the same records.

The Home News Tribune was awarded $71,848 and NJ Advance Media was awarded $39,583. The attorney for the Home News Tribune said that he is planning to file a motion for appellate court counsel fees in addition to the original amount awarded

“OPRA is one of the cornerstones of an open public discourse and access to information for all,” Paul C. Grzella, general manager and editor of the Home News Tribune, Courier News and MyCentralJersey.com, said at the time. “As journalists, we are simply doing our job by using this tool, and will continue to pursue similar actions when they are warranted.”

In total, the amount the Middlesex County Prosecutor's Office will pay in relation to OPRA requests stemming from the Old Bridge shooting is more than $132,000.

"The recent litigation surrounding the release of the 911 tape has very little to do with First Amendment Rights, and everything to do with common decency and protecting the privacy rights of those who may find themselves in a horrific situation," Middlesex County Prosecutor Andrew Carey said in a statement.

He also said that requests were made for the release of the entire 911 tape.

"The law at the time was not at all clear as to whether the recording was subject to disclosure under OPRA and the common law right of inquiry," he said.

There is a lawsuit pending filed by Schroeder's family against the Old Bridge Police Department.